If I wrote an autobiography and published it on amazon then...

[coodawoodashooda]

How do I avoid being sued? No mention of names, is that enough?

I keep toying with writing about my experience of a certain element of my life. I wouldn't write it under my own name and say its fictional but based around a true story. Would that cover it? Also dyslexic so probably a non starter anyway

I presume that's meant to be "adversity"?

Adversity you mean?

Are you thinking about some sort of misery memoir?

Oh! That makes sense!

It is long established in UK law that you can say anything you like about dead people - which is why we so often only find out the truth about wealthy and powerful individuals after they die (Robert Maxwell, Jimmy Savile, etc).

There is a suspicion that the European Court of Human Rights might allow a claim from relatives but it is so far untested.

If you have something to write in the 'tragic life story' genre, OP, have you considered trying to interest a literary agent? The traditional process would include editing from a legal viewpoint.

Car crash “true life” tales of woe- like the whole “child called it” type sagas ? @coodawoodashooda By any chance? Judging by the writing here, it’s a no from me.

I always advise people that if they’ve got a story that potentially shows people or institutions in a poor light, they should think really carefully about whether it’s a great idea to publish.

Pseudonyms and ‘changing details’ are no defence in law if someone wants to make your life difficult and throw some money at it with lawyers. Publishers have legal departments who read their books and advise on changes as necessary. Publishing on Amazon you don’t have that luxury.

I’d also say - and I’m sorry if it offends but it’s broadly true - that most people’s life stories aren’t as unique as they think. The main art of a memoir is in the way it’s told.

I think everyone should write their book, but I don’t think everyone should publish it. It’s just as valid to write it for family and friends and for posterity. You don’t need to publish to get that satisfaction. Indeed, publishing can sometimes make it worse as not selling a book you’ve worked hard on can be quite distressing in itself.

@coodawoodashooda why don’t you get this moved to the creative writing board? You might get some more specific advice over there relating to your concern.

The a and the of.

Nope, they are used correctly.

Thank you

I remember a book written by oasis 's drug dealer, he just referred to them throughout as 'the brothers from Manchester ' of course everyone knew who he meant but I guess this was sufficient to stop him getting a nasty letter from Noel or Liams solicitors

Hi @coodawoodashooda from personal experience if you want to share your story then definitely go for it!
Get professional advice on anything you are unsure of.
I have almost completed my first manuscript (a personal story) and have interest from 2 publishing agents.
My story is very unique (the words of my agent) and most definitely “not something you would hear around the dinner table”
If I had listened to the majority of replies that have been written here then I would never have had the confidence to take that first step.
Go for it, believe in yourself, seek professional advice and good luck!!!

You need to get advice from a publishing lawyer.

If you think about it though, there are plenty of books non-famous people have written about their lives, just not named after them with whopping great portraits on the front! Eg, this is going to hurt, on the line etc etc.

In your position I'd seriously question your motivation. If its a kiss and tell and you are for example hinting that you had sex with Boris Johnson in a user or rook cochineal with Judi Dench you might get your moment of fame.
If it's about how your dad sexually abused you and your sister for 15 years and you became a prostitute and your daughter went into care....I'd consider other people's feelings. They don't override yours but they could be significant.
If you want justice in some way I'm unsure if this is the way to go if things havent/can't be proven.
Is there a specific reason you want to go public?

No mention of names, is that enough?

@coodawoodashooda No. The test for defamation is whether the words complained of reference the Claimant. This includes whether people would understand the text to refer to the Claimant even if they aren't named.

So if you wrote in your autobiography "My cookery teacher was a rapist who raped me in the school toilets", it doesn't matter that you don't name the cookery teacher because anyone who knows you, knows the period you were at school and who the cookery teacher was would understand that to mean that particular cookery teacher who they can identify was a rapist. There will be a section of the public who would know who it was about.

Pseudonyms may help but it doesn't necessarily follow that it would be a complete answer -so if you write under a pseudonym but your photo is on the book or you do book publicity, or from the facts the school and time period are ascertainable it may also mean people could identify the cookery teacher.

So if your school had unusual features about it that you wrote about that allowed the school to be identified - it was founded in 1305, it was build on a the site of a former sewage plant and the school emblem was a hamburger - again it won't matter if you've changed the name of the school and the teacher - because some people would ID the school by combining those facts and therefore the teacher.

In other cases, pseudonyms may not matter at all - say a cabinet minister is writing about their time in office and is referring to the PM, there will be a tiny number of people who that could be - allowing the PM to be identified.

Defamation is anything that causes serious harm to a person's reputation but there are defences to that including that its true; it is honest opinion/fair comment; and its publication on a matter of public interest. There are other defences but those would be the main ones likely to apply to an autobiography.

It is correct that you cannot defame the dead so if you are writing about someone who is dead you can't libel them. It's possible if you are writing personal/private stuff about them that you could infringe the privacy rights of their next of kin but in most cases it's unlikely. The biggest risk would be identifying anyone who is the victim of sexual crimes which is unlawful.

Have you written it or is this just speculative inquiring? If you have a manuscript, you could instruct a very baby barrister on a direct access basis to libel read it for you if you are that worried.

This is the current main UK law governing defamation if you are interested
www.legislation.gov.uk/ukpga/2013/26/contents/enacted

I would be arrested 😂

Do tell what a ‘publishing agent’ is, especially the kind that read and express an interest in unfinished MS by unknown memoirists?

I disagree with this. I'm a ghostwriter and work with plenty of 'ordinary' people. Genre non-fiction is very popular as you'll see from bestseller lists.

One of the main things to be careful of OP is jigsaw identification. Even with changing names etc, if there are enough smaller bits of information there, the pieces can add up. I've even changed pet names if they're unusual!

@WWigsNGowns this is very helpful, thank you x

Jennifer Worth wasn't famous until she wrote her autobiography. She was interesting enough that a whole 10 series was made around her book for the BBC.

Adam Kay wasn't famous but his book was a hit, he tours on stage, has written follow up books, and another BBC TV series was made about him too.

You categorically DO see autobiographies about non famous people and whilst those two examples are exceptional there are other more niche successes like Tori Hayden and Jodi Picoult.

I would generally agree that the misery memoir market is pretty saturated but I guess that's because people do actually read them.

Jigsaw identification is helpful. Thanks.

it was founded in 1305, it was build on a the site of a former sewage plant and the school emblem was a hamburger

I would totally spend my downtime reading about this school